OCCK

“Cooper, who was elected in 2008, says members of her staff have responded to all of King’s queries over the years. Her chief assistant, Paul Walton spoke at length with King in 2012. King also met with Gary Miller, then- Oakland County deputy sheriff.” From A Father’s Story by Deborah Holdship published in Michigan Today, April 25, 2016

This statement is at best misleading and at worst incorrect. For instance, one of the Assistant Prosecutors advised me that he had been instructed not to talk to me.

The June 25, 2012 meeting with Walton is summarized in Chapter 64 of my story of my son’s murder, A Father’s Story-OCCK. Prior to this meeting on June 19, Kevin Dietz of Channel 4 sent a FOIA request to Cooper for the documents she had shown him yesterday and received 121 pages concerning the Busch investigation. This was during the same time period that Cooper told both the Oakland County Circuit Court and the Michigan Court of Appeals that this information was exempt and not available to me in my FOIA cases. Walton gave us less than ten pages at the June 25 meeting (Chapter 38). At this same meeting Walton also told us that he had no evidence exonerating Busch from participation in these murders.

Cooper and Walton asked me to come to court on July 20, 2011. When I appeared they falsely told Judge Martha Anderson that I had committed the crime of disclosing the existence of the Oakland County Grand Jury. When I asked him who provided his office with this false information at the June 25, 2012 meeting, he responded Kevin Dietz. Dietz had previously delivered to his office a statement that I was not the source of his TV program announcing the existence of the Oakland County Grand Jury (Chapter 65, Exhibit K).

The meeting with Gary Miller was arranged with Sheriff Michael Bouchard and no prosecutor was present. My summary of the meeting is at Chapter 64, Exhibit J.
Cooper called on March 1, 2010 to tell us that Busch was no longer a suspect. On June 25, 2012 Walton tells us the Oakland County Prosecutor has no evidence exonerating him. The only person who can give us the basis for her March 1 phone call is Cooper. Hopefully before the November 8 election someone in the media will ask her to explain why she called me on March 1 to tell me Busch was no longer a suspect.

Footnote: You can access my Story at “afathersstory-occk.com”. You can locate specific Chapters by adding “/chapter-xx”.

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OCCK

As discussed in Post Script Three the Oakland County Prosecutor reported in February 1977 that Christopher Busch had passed a lie detector test but refused to report later readings from three other polygraphers who ruled otherwise. The inconsistent positions taken by the Oakland County Prosecutor on the publication of polygraph examinations needs clarification. The following is my timeline on the publication results of the lie detector tests of two of the OCCK suspects, Christopher Buach and Vince Gunnels.

January 28, 1977: The OCCK Task Force takes the polygraph examination of Busch in Genesee County. An Oakland County Prosecutor was present because Busch was a suspect in the murder of Mike Stebbins, the first victim (Chapter 22).

February 1977: Oakland County Prosecutor L Brooks Patterson concludes that Busch was not a suspect in the murder of Stebbins, the first victim, because he had passed a lie detector test. This information was published in two newspaper articles which were in the Michigan State Police reports which I received on December 15, 2010. Tim was abducted and killed one month later in March, 1977.

November 13, 2009: After my October 27, 2009 meeting with the Task Force Oakland County Prosecutor Jessica Cooper wrote me a letter advising me that publication of lie detector tests is a crime (Chapter 62, Exhibit J).

December 15, 2010: This is the date I received the Michigan State Police reports on Busch. It was after this date that I read two newspaper articles stating that Busch was not involved in the Stebbins case because he passed a lie detector test.

November 20. 2012: In response to my third FOIA request Oakland County Assistant Prosecutor Thomas Grden delivered to me a copy of the complete polygraph test of Vince Gunnels taken on July 30, 2009 including the questions, the answers and the conclusions (Chapter 42). This information had been redacted in the MSP reports I received on December 15, 2010. Has Jessica Cooper taken any action to charge or discipline Gredn for this statutory violation?

April 1, 2013: Almost two years after I filed suit to review the October 28, 2008 search warrant on the Busch residence the 48th District Court gave me access to its search warrant file. The search warrant affidavit prepared by the Oakland County Prosecutor and signed by the Michigan State Police discloses that three experienced polygraphers concluded that Busch either failed or did not pass the January 28, 1977 lie detector test (Chapter 8, Exhibit A). The Oakland County Prosecutor publicly states in February 1977 that Busch passed the test and then refuses to give me access to the contrary readings. What is good for the goose is good for the gander! No prosecutor should have authority to state the earlier results and then deny victims or suspects access to the contrary answers.

October 2013: The police reports delivered to me at this time stated that more than 300 suspects had passed polygraph tests until Ted Lamborgine failed his test in 2005. Was a polygraph test the sole basis used to locate Tim’s killer? Has any prosecutor ever been accused of a crime when the statute is violated? Should Cooper and/or Grden be charged now?

If the courts do not clarify this problem the legislature should confer with the prosecutors and the criminal bar association to clarify procedures after anyone publishes lie detector results.

Footnote: You can access my Story at “afathersstory-occk.com”. You can locate specific Chapters by adding “/chapter-x”).

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OCCK

No public body should have the right to publish favorable news and then assert the exemption provisions of the Freedom of Information Act (FOIA) when contrary results arise. We may see examples of this between now and the November 8 elections. In 1977 the Oakland County Prosecutor publicly announced that Christopher Busch did not kill Mike Stebbins, the first victim, because he passed a lie detector test. In 2008 the Oakland County Prosecutor refused to release the conclusions of three subsequent polygraphers who arrived at contrary opinions after reading the same test results.

The King family requests the Michigan legislature to amend FOIA to eliminate her dictatorial decision to deny the family of Tim King any explanation of why she eliminated Christopher Busch as a suspect (Chapter 35). FOIA places both the burden of proof and the burden of going forward on the public body and not on the citizen plaintiff (Chapter 16). In my two FOIA cases both the Oakland County Circuit Court and the Michigan Court of Appeals have upheld the position of Cooper that victims in this 40 year old OCCK case are not entitled to any information on why she called me on March 1, 2010 to tell me Christopher Busch was no longer a suspect (Chapter 35). The victims, the judges and the public do not know if the Busch case was closed for professional, publicity, power and control, political or some other reason.

Many times a prosecutor will tell the public why a suspicious criminal cannot or will not be charged. Jessica Cooper has made these announcements. For instance Cooper publicly announced that she would not charge the Northland Mall officers who killed a customer because that was not their intent, a professional reason. When he was prosecutor l. Brooks Patterson made disclosures in February 1977 for not charging Busch (Chapter 41). Patterson gave a professional reason to support his conclusion. Cooper, who has not prepared or tried a case for almost four decades, has not given any reason for advising me on March 1, 2010 that Busch was no longer a suspect. FOIA does not and should not grant prosecutors dictatorial discretion in the publication of these conclusions. The prosecutor should explain the reason for this decision, especially when the police have contrary opinions.

If a prosecutor decides not to charge any suspect for a nonprofessional reason the victim currently has no remedy. For instance, if the suspect is related to the prosecutor or is a major political donor is silence proper? In Tim’s case was Oakland County upset that Wayne County may have identified the murderers (Chapter 56)? If publication shortly before an election could affect the election result a prosecutor should not have discretion to talk to the media while at the same time asserting she is under no obligation to give the same information to the victims or the judiciary (Chapters 38 to 40). This paragraph could continue for several more pages with questions and examples all of which discuss my conclusion that prosecutors should open the entire file when they tell anyone of their decision not to charge a suspect. The FOIA statute should clarify this issue!

Footnte: You can access my Story at “afathersstory-occk.com” You can locate specific Chapters by adding “/Chapter-xx “. Another source is “afathersstory-occk.wordpress”.

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OCCK

The search warrant affidavit (Chapter 8 Exhibit A) prepared by the Oakland County Prosecutor contains two subsections discussing the Christopher Busch polygraph history. They provide as follows:

(3) V. “Affidavit has obtained and reviewed a polygraph report prepared by Ralph E Cabot, who at that time was a Michigan State Trooper and a member of the Polygraph Unit at the Flint Post. Cabot reported that he conducted a polygraph test of Christopher Busch on February 15, 1977. During the pre-test interview, Busch admitted that he was sexually attracted to young boys. He denied that he had anything to do with the Stebbins kidnapping and murder. Cabot tested Bush and concluded that he was being truthful. Based on these polygraph test results, Busch was not investigated further as a suspect in the Oakland County child murders.

Y. Affidavit further states that the polygraph charts from Christopher Bush’s polygraph test administrated by Ralph Cabot were recently reviewed by three polygraph examiners, Lt. Robert Dykatra of the Michigan State Police, Tim Larion of the Livonia Police Department and former State Police polygraph examiner John Wojnaroski. Affidavit was told by three examiners that the polygraph charts do not indicate truthfulness, and that at best, the result should have been deemed inconclusive. “

This information was made available to me on April 1, 2013 when the 48th district court granted me access to the search warrant file. Three experienced polygraphers believed Busch did not pass the January 27, 1977 polygraph test, while the conclusion of the initial polygrapher to the contrary was published and apparently relied upon by law enforcement for over 35 years.

The timing of the original conclusion that Busch has passed a polygraph test is particularly disturbing to the King family. This polygraph was taken on January 27, 1977, and Tim was abducted on March 16, 1977. If Busch had not passed the January 27 polygraph examination, he may not have been granted bail as a murder suspect. Furthermore, as noted in Chapter 29 the codefendant in Genesee County, Gregory Greene, more than once told the investigating officers that Busch had killed Mark Stebbins.

Is it possible the elimination of Busch and is companions as suspects on March 1, 2010 was an effort by Jessica Cooper to protect those officials who relied on a polygraph test to terminate further investigation on this portion of the case? The Oakland County Prosecutor concluded in 1977 that Busch was not involved because he passed a polygraph test. Are the victims and the public entitled to similar information when three other polygraphers disagree with this conclusion?

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OCCK

Prior to the March 1, 2010 telephone advice from Jessica Cooper that Busch was not a suspect, my family had requested only two documents concerning Tim’s death. First, after Christopher Busch was identified, Cathy’s attorney friend, Lisa Milton, requested a copy of his suicide report from the Bloomfield Township Police Department on January 24, 2008. The Township replied that the file had been destroyed and therefore could not be produced.

Twenty three months later, on December 3, 2009, Heather Catallo of Channel 7 gave me the suicide report. Interestingly, when I received the Busch file from the Michigan State Police on December 15, 2010, there was a note that the suicide report had been delivered to the Michigan State Police in February 2008.

In 2011, I visited the Township Police Department for an explanation. The Township advised me that it received a call in February from the Michigan State Police and an officer was instructed to locate the file. After a day and a half he determined that the file had been misplaced and delivered it to the State Police. However, the Department took no action to advise Milton. At our office when we destroy a file we add it to a destroyed file list but apparently the Bloomfield Township Police Department does not keep tract of destroyed files. The Township should adopt this practice.

In early November 2009, my secretary also called the Genesee County Circuit Court and asked for the criminal files on Christopher Busch and Gregory Greene. She was advised the Court could not locate the Greene file and that the Busch file was in the archives. She would order the file from the archives and make it available in a few days. When I called the Clerk for the Busch file the Clerk advised me that the file could not be located. On February 17, 2010, Catallo gave me both files.

These are not be the only incidences when the responsible government officials made files available to the media which have been denied to the King family. I will discuss these future media disclosures in later chapters. The victims should be entitled to the same or better treatment as the media.

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OCCK

Chris and I invited Erica McAvoy and her stepfather, Tom Ashcroft, to attend the October 27 conference. When we arrived, the four of us were shown into a small conference room. After half an hour we were asked to join the attendees. Present were Captain Harold Love of the Michigan State Police and four or more additional officers including Garry Gray, the Task Force commander, Oakland County Prosecutor, Jessica Cooper and two of her assistants including Paul Walton, Wayne County Prosecutor, Kym Worthy with her assistant Robert Moran, a Wayne County inspector and several Livonia policeman, including the recently retired Cory Williams. Once the introductions were complete, I asked the following five questions which I confirmed in a letter to Captain Love on November 9.

• Are there any other persons being investigated currently except for Busch and his possible cohorts?
• Who are possible cohorts and what do we know about them?
• What additional polygraphs do you wish to take and what is time schedule?
• Who is the Oakland County prosecutor currently handling this case?
• Give us the name, address and phone number of the responsible lab personnel.
• Do you have the name and address of the informants who turned in Busch? We would like to thank them.

The Task Force did not answer any of these questions.
McAvoy then asked the Task Force about the DNA match between a hair found on her sister’s jacket and Vince Gunnels. At that time, I had no knowledge of DNA. Walton then gave a lecture on Mitochondrial DNA (“mDNA”) and stated that it was not good evidence and compared it to blood type. I later learned mDNA is received from your mother and will include anyone with her heritage unlike true DNA which is almost 100% good evidence of a match. My supplemental research indicates that mDNA evidence is admissible only if there are other sufficient facts involving the suspect.

It was apparent to me that we were being stonewalled and I made inquiry as to whom I should direct additional questions. The Michigan State Police said the Prosecutor and the Oakland County Prosecutor said the Michigan State Police. However, Love volunteered to accept that role and I did have further contact with him in November.

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OCCK

Over the 30 year period from 1977 to 2007, it was customary for the local television stations to review the Oakland County Child Killer case every five years. In late 2006, my children, Cathy and Chris, expressed an interest in joining in the 2007 programs. I advised them that I had no objection but that I would advise the revitalized Task Force of their intentions.

In late 2006, I called Michigan State Police Sergeant Garry Gray and advised him of this suggestion. In his response, Gray indicated he would like to meet with me concerning a new development in this case. I advised him that I could come in any afternoon next week. Twenty minutes later he called and asked if I could come in immediately and I met with him at the Oak Park station. During the conference we made arrangements to meet with my family and the Task Force the next week. I then visited the Oak Park Station with my son Chris and our friend Don Studt, now the Chief of Police in Birmingham. The Task Force was represented by Gray, his assistant Officer Robertson and Cory Williams, the Livonia Police Officer working with Gray regarding pedophile rings on Cass Avenue and in the Wayne and Oakland County. They advised me that the Task Force was following a lead on Ted Lamborgine, a long time participant in the Detroit Cass Avenue and the Oakland County child pedophile cases. The Task Force believed that Lamborgine was a possible lead to the identity of the Oakland County Child Killer.

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OCCK

In response to his investigative subpoena, Wayne County Circuit Judge Timothy Kenney ordered that Lawrence Wasser to identify his potential suspect. Wasser filed an immediate appeal to the Michigan Court of Appeals which instructed him to provide a similar answer. Wasser advised the Wayne County Circuit court that he could not remember the name of the potential suspect but he would be willing to meet with Cory Williams and Garry Gray to discuss the matter. When Wasser met with Williams and Gray on November 30, 2007, Wasser provided the following statements:

1.) He was asked by Jane Burgess to take the polygraph on behalf of a criminal suspect
2.) The suspect of Burgees stated that he was polygraphed by Ralph Carter and he passed a polygraph regarding the OCCK case
3.) Both the attorney and the suspect were deceased

Williams and Gray then determined that Carter had polygraphed 5 suspects in the OCCK case including Christopher Busch. Of the 5 Carter polygraphs, Busch was the only instance in which both the suspect and the attorney were deceased.

After Busch was identified as a suspect the OCCK task force continued gathering evidence regarding his participation in the murders. During the future investigation, the Task Force also identified Gregory Greene and Vince Gunnels as Busch companions who were possible participants in the murders.

I will discuss the involvement of Green and Gunnels after I complete the possible Busch participation.

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OCCK, Uncategorized

I commenced this story with two of my major concerns over the investigation of my son’s death. For 30 years the King family, and to my knowledge, the families of the other three victims, relied on law enforcement to identify the killer or killers. It was more than 33 years after Tim was abducted that the authorities provided me with any information. In response to my FOIA action, the Michigan State Police provided me with 3,411 pages on December 15, 2010.

My first major concern was the automobile identification process. I outlined these concerns in Chapters 3 to 7. There was little or no basis for emphasizing the participation of a blue AMC Gremlin when the files make substantial reference to other automobiles. In particular, a Pontiac LeMans was identified as being involved in three of the murders and the fourth murder even referred to a Pontiac without identifying the brand. This has continued for forty years. Why? Was this tactic deliberate? There were a lot more Pontiac LeMans on the road than there were AMC Gremlins. Is it possible for the current investigating officers to correct my perceived omissions?

My second concern is the lack of information from the Oakland County Prosecutor and the Oakland County authorities. It is my understanding that on October 28, 2008, the date of the Search Warrant, the Oakland County Prosecutor, the Wayne County Prosecutor and the Michigan State Police all believed that Christopher Busch was the best suspect at that time. I was unaware of the Search Warrant Affidavit until the Oakland County Prosecutor went to Court without my knowledge and perhaps the judge’s knowledge of my involvement to deny everyone access to this document. Was this done with a suggestion or cooperation of the Oakland County officials? Why did Jessica Cooper advise me on March 1, 2010 that Busch was no longer a suspect?

In continuing my story, over the next chapters I will discuss the following:

a. Identification of Busch as a suspect

b. Identify, Christopher Busch, Gregory Greene, Vince Gunnels, Ted Lambrogine and Archibald Sloan, the only suspects identified to me by law enforcement, and

c. The chronology of the events leading up to my FOIA lawsuits.

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OCCK

When the Oakland County Prosecutor would not discuss the status of the investigation with me, I wrote Oakland County Sheriff, Michael Bouchard a short note in August 2012 asking for a meeting with his lead investigator. Sheriff Bouchard and I exchanged emails and I met with Deputy Sheriff, Gary Miller on August 29, 2012. Sheriff Bouchard volunteered to attend but I told him that I did not think it was necessary. No prosecutor attended the meeting.

At the meeting, Miller advised me that his office took no further action after the trace evidence at the former Busch residence did not contain anything which might relate to the four children. The Michigan State Police documents delivered to me on December 15, 2010 contain a report that a phone call had been made to the Montmorency County Sheriff dated March 19, 1977 in which a citizen reported that, Christopher Busch, a known pedophile, was at his vacant family cottage in Montmorency County with three small boys. Tim was missing from March 16 to March 22. This supports some comments I have heard over the years that the children may have been taken to a summer cottage because all four deaths took place during cold weather. My family has been further advised that the Busch cottage in Montmorency has been destroyed after April of 2008 and has been replaced by a new cottage. Is this just coincidence?

When I later discussed this matter with one of the investigators, he advised me that he requested the search warrant to be issued for both locations, but he was successful in obtaining only having the search warrant for the former residence.

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